(a)

Authority. Wis. Stats. § 62.23(7)(e) is adopted by reference.

(b)

Appeals.

(1)

Scope of appeals. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer or department of the City affected by any decision of the administrative official. Such appeal shall be taken within 30 days after such order or decision as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof. The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2)

Stay of proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Division Director certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Division Director, and on due cause shown.

(3)

Notice of hearing. The Zoning Board of Appeals shall fix a reasonable time, but in no case longer than 90 days, for the hearing of the appeal. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official city newspaper. Notice of the time, place and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner, and the owners of record, as listed in the Office of the City Assessor, who are owners of property adjoining the property affected by any appeal. The notice shall be sent at least ten days prior to the date of such public hearing.

(4)

Findings and decision of the Zoning Board of Appeals. The Zoning Board of Appeals shall make findings and shall render a decision on the appeal within a reasonable time, but in no case longer than 90 days. The Board, upon the concurring vote of four members, may reverse wholly or partly, or may modify the order, requirements, decision or determination as ought to be made, and to that end shall have all the powers of the Building Division Director and may issue or direct the issue of a permit.

(c)

Variances.

(1)

Authority to grant variances. The Zoning Board of Appeals, after a public hearing, may vary the regulations of this article, but such variance must be in harmony with the general purpose and intent of this article and may be granted only when the Board determines that the literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship.

(2)

Application for variance and notice of hearing. An application for a variance shall be filed with the Zoning Board of Appeals. The application shall contain such information as the Zoning Board of Appeals may from time to time by rule provide. After the filing of such application, a public hearing shall be held by the Zoning Board of Appeals on such application. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official City paper. Notice of the time, place, and purpose of such hearing shall also be sent by regular mail to the applicant, the Building Division Director, the City Planner and the owners of record as listed in the Office of the City Assessor who are owners of property adjoining the property affected. Said notice shall be sent at least ten days prior to the date of such public hearing.

(3)

Standards for variance.

a.

The Zoning Board of Appeals may upon appeal in specific cases authorize such variance from the terms of the title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the title will result in practical difficulty or unnecessary hardship, so that the spirit of the title shall be observed, public safety and welfare secured, substantial justice done.

b.

The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to better carry out the general intent of this article.

(4)

Authorized variances. Variances shall be granted by the Zoning Board of Appeals only in accordance with the standards set forth in Subsection (c)(3) of this section and may be granted only in the following instances:

a.

To permit any yard or setback less than the yard or setback required by the applicable regulations;

b.

To permit a use of a lot or lots that is otherwise prohibited solely because of the insufficient area or width of the lot or lots, but only when the respective area and width of the lot or lots is at least as great as required in the zoning district of the same category most immediately less restrictive than the subject district. For this purpose, residence, office/residence, business and industrial are separate categories of districts;

c.

To permit off-street parking and loading standards that are less than required by this article;

d.

To allow an increase of from one to 40 percent in the maximum distance that required parking spaces are permitted to be located from the use served;

e.

To allow the reduction or elimination of area or dimensional requirements and the reduction or elimination of standards.

(Code 1976, § 18.24.020)